These terms and conditions (the “Terms”) of Lucky Puffin, expressly declare and outline the rules and regulations for the use of Lucky Puffin’s services. The Terms are conditions precedent for the use of Lucky Puffin’s services. By accessing/using/recommending/signing up/referring to someone/opening a link to the Lucky Puffin, we assume you accept these terms and conditions, and you declare that you expressly accept the Terms of Lucky Puffin without any force and coercion. You are hereby warned and made clear without any kind of ambiguity that if you do not accept these Terms, you may not proceed further. You are also being made aware that if you sign up/move forward/access/recommend to someone without accepting the Terms, you would keep Lucky Puffin, its owners/affiliates/employees and all person affiliated with Lucky Puffin, harmless and you waive off all your rights to sue the Lucky Puffin its owners and all affiliates. Do not continue to use Lucky Puffin if you do not agree to take all of the Terms stated on this page.
ABOUT LUCKY PUFFIN
Lucky Puffin is a technology services provider that operates a digital venue that connects you and a Client for on demand services. The Platform enables you to make a request for anything related to Programming and Tech, Lifestyle, Desc Job to Repair and Constructions, Courier Services, Cleaning and Housekeeping, Events and Promotions, Writing and translation, Video and Animation, Digital Marketing, Music and Audio, many other categories.
These Terms govern your use of the Platform including the Mobile Application and the Website, and forms a binding contractual agreement between you and Lucky Puffin, under which Lucky Puffin agrees to provide you with access to the Platform and you agree to the obligations in these Terms.
For that reason, these Terms are important and you should ensure that the Terms are read carefully. By using the Platform, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and agree to be bound by them. If you do not agree to the Terms, you must not use the Platform in any way.
To the extent that anything in these Terms is in conflict to the content available on the Platform, the provisions of these Terms shall prevail.
In these Terms:
Freelancers means professional freelancers who wish to offer their development, engineering and other services via the Platform.
Lucky Puffin or we or us means Lucky Puffin, the platform that is providing you the services.
Intellectual Property Rights means all present and future rights anywhere in the world conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions, confidential information, trade secrets and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.
Mobile Application means the iOS or android app titled ‘Lucky Puffin’ owned by JobLamp Pvt Ltd.
Services which have been processed by Lucky Puffin and communicated to the Client via the Platform and accepted by the Client.
Site Content means all material, content and information made available on the Platform and/or Lucky Puffin’ official social media accounts, including but not limited to feedback, reviews and ratings provided by you, users of the Platform or Website, any written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression.
Terms means the terms and conditions set out in this document.
You (including ‘you’ without capitalisation) or your means a person who is a Freelancer and uses and accesses the Platform, including any person who creates a User Account.
User Account means a profile created on the Platform by you and includes your title, full name, residential address, phone number and payment details.
Website means the website at the domain name http://www.thejoblamp.com (or such other domain name as Lucky Puffin may use in relation to the Platform from time to time).
Lucky Puffin grants you a revocable, non-exclusive and non-transferable licence to:
use and access the Platform on your electronic device/laptop/PC solely for the permitted use of making or creating request in accordance with these Terms;
view the Website and the Mobile Application;
print pages from the Website and the Mobile Application in its original form; and
download any material from the Website and Mobile Application for the purposes of using the Platform.
You acknowledge and agree that:
Lucky Puffin does not employ the Clients or Freelancers;
Lucky Puffin does not offer to or provide, perform or conduct services nor does it act as an agent or broker for the Client;
Lucky Puffin does not participate in the interaction between you and the Client except to the extent necessary to provide the Platform and the Support to facilitate the interaction, including the invoicing and processing of the fee on behalf of the Client;
you enter into these Terms and use the Platform entirely at your own risk.
CHANGE IN TERMS
These Terms commence on the date you access and use the Platform, the Mobile Application and the Website.
Lucky Puffin periodically reviews the Terms and reserves the right to amend the Terms, without any notice to you, by updating this document. You should review this document, as available on the Website and Mobile Application, regularly as any changes to the Terms take immediate effect from the date of the publication on the Website and Mobile Application. The continued access and use of the Platform constitute your consent to be bound by these Terms, as amended from time to time.
These Terms continue in force unless and until terminated in accordance with these Terms.
To avail services on the Platform, you are required to create a User Account. The email address registered to your user account will be taken to be your username. The username and password are exclusively for your use and are not transferable.
You are solely responsible for:
maintaining the confidentiality of your password;
all activities that happen under your User Account including if someone else uses your User Account. You should notify us of any unauthorised use of your User Account.
You acknowledge and agree:
that all information supplied by you in using the Platform (including details of a Consignment) is complete, up-to-date and accurate at all times;
Lucky Puffin will not be liable to you in the event that any information provided by you is incomplete, inaccurate, misleading or fraudulent;
unless expressly agreed by Lucky Puffin, you are limited to one User Account. No User Account may be created on behalf of or in order to impersonate another person; and
Lucky Puffin may delete or block your User Account at its own discretion. Blocked users are prohibited from setting up a new User Account.
HOW TO USE THE PLATFORM
Your selected criteria can be saved on your User Account to apply on all future Job/Task Post.
Once you have entered the required details for the particular Job/Task, the Platform will provide you with the following functions to choose the Client:
“Min Price - Max Price”:
Under this function, you can specify a budget for your Job/Task.
The Platform will offer the budget price and job details to all Clients one at a time based on skills, category and ratings.
The Client is given the opportunity to see your budget and make a counteroffer.
You will have the opportunity to choose which Client you would like to complete the Job/Task.
Once the connection has been made, you will be able to communicate directly with the Client through a chat screen on the Platform to negotiate the agreed price and time for the delivery.
Upon acceptance of the Job Request by a Client, you will be notified immediately that a legally binding agreement is formed between you and the Client, subject to any additional terms and conditions of the Client that may apply.
You will be able to track the delivery of the Consignment via your User Account or via the Platform.
You agree that at the time of your first request, your payment details will be transferred to Lucky Puffin’s secure payment gateway to be held on behalf of the Client or the Freelancer, as the case maybe.
By entering your payment details on the Platform, you have given us, on behalf of the Client or the Freelancer, as the case maybe, express authorisation, to deduct the service fee.
Upon a Client accepting your request, Lucky Puffin, on behalf of the Client, will deduct the services fee from the payment method provided by you. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you. If sufficient funds are not available, we have the right to cancel your request.
Lucky Puffin reserves the right to retain any payment details that you enter onto the Platform for the purposes of these Term, including but not limited to:
processing any future payment of fees from you;
processing any costs incurred by us (or the Client or the Freelancer), in recovering any unpaid fees;
processing any additional fees or costs incurred by the Client or the Freelancer due to incorrect information entered on the Platform by you;
processing of any additional fees for a return trip made by a Client.
Nothing prevents the Freelancer or Lucky Puffin, on behalf of the Freelancer, from taking any action necessary to recover any unpaid Job/Task Fees.
FREELANCER SERVICES AND COMPLAINTS
Lucky Puffin does not make any representations, warranties or guarantees as to:
the quality of the services;
the Freelancer’s ability to perform the services;
the manner in which the Freelancer performs the service; or
the Freelancer’s qualification. However, each Freelancer must complete the process to receive access to the Platform and can be removed from using the Platform at any time.
Any issues or complaints regarding safety, quality, condition or description will be sent to Lucky Puffin through the Platform or to [email protected] and the complaint or issue will be passed onto the Freelancer.
In the event that a service is not provided in the requested manner, Client can submit a claim to the Freelancer by sending the claim to us at [email protected] including the following:
evidence that the service was not up to the mark;
evidence there has been no breach of these Terms by the Client; and
We, on behalf of the Client, will investigate and process the claim.
If we are satisfied that the Freelancer’s service is not up to the mark as requested by the Client, we shall take action on the same.
Lucky Puffin may at its discretion terminate your use of, or access to, the Platform including your user account at any time without prior notification if it considers that you have breached any aspect of these Terms or act in a manner below reasonable community expectation.
If Lucky Puffin exercises its right of termination under this clause 10 of these Terms, you must not sign up for another user account and must cease using the Platform immediately.
If your use of the Platform is terminated:
you will no longer be authorised to access the Platform or use any other services or products owned by Lucky Puffin;
the email address you used to register with the Platform or any other email address you possess will not be authorised to access the Platform or any other services or products owned by Lucky Puffin;
you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
all licences granted to you and all disclaimers by Lucky Puffin and limitations of Lucky Puffin liability set out in these Terms or elsewhere on the Platforms will survive termination.
Lucky Puffin reserves the right to deduct any outstanding fees and charges owing to Lucky Puffin and/or the Client and/or the Freelancer on your user account prior to disabling your user account.
You acknowledge and agree that:
In case of dissatisfaction with the Job/Task or Dispute, we recommend to sort it out by mutual understanding between you and the Client.
If the dispute cannot be sorted out by mutual understanding and you need support from Lucky Puffin then you can raise a dispute using our Platform.
Lucky Puffin customer service executives will review your request, your Job/Task details and delivery of the task. To review all these details, it can take up to 15 days.
After reviewing Dispute/Job/Delivery details Lucky Puffin has all rights to give decisions in favour of either party (the Freelancer or the Client). If it is applicable then Lucky Puffin will refund the amount/fees charged to the Freelancer or Job Lamp can deduct the same from the Client pay-outs.
Freelancer or Client as the case maybe, will be required to pay or reimburse any legal fees incurred by Lucky Puffin as a result of having to mediate any dispute between Freelancer and a Client.
THESE TERMS ARE MADE UNDER, AND WILL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF IRELAND APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED SOLELY THEREIN, WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAW. In any action between or among any of the parties, whether arising out of these Terms or otherwise, each of the parties irrevocably and unconditionally (a) consents and submits to the exclusive jurisdiction and venue of the state and federal courts located in IRELAND; and (b) WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY TRANSACTIONS CONTEMPLATED HEREBY.
SECURITY OF PAYMENT
Lucky Puffin has taken all practical steps from both a technical and systems perspective to ensure that the payment details registered on each user account are protected and secure.
A secure payment gateway is used to process all transactions and payment details.
Lucky Puffin does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information
In this clause Personal Information means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably be ascertained, from the information or opinion.
You agree that the Platform will disclose your Personal Information, including your name and address to the Client in order for the Client to complete the Booking.
You must abide by all Privacy Principles set out in the Privacy laws in their collection, use, disclosure and storage of Personal Information.
Nothing in these Terms constitutes a transfer of any intellectual property rights on the site content. You acknowledge and agree that, as between you and us, we own all intellectual property rights on the site content, the Platform, the Website and the Mobile Application.
By posting or adding any content onto the Platform, the Website or the Mobile Application you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
The Site Content is protected by copyright and Lucky Puffin reserves all Intellectual Property Rights which may subsist in the Site Content and the Platform.
You must not, without Lucky Puffin’s prior written consent which may be withheld at its absolute discretion:
copy, republish, reproduce, duplicate or extract Site Content;
redistribute, sell, rent or licence any Site Content; or
edit, modify or vary the Site Content
You must not use, or cause the Platform to be used, in any way which:
breaches any of these Terms;
infringes Lucky Puffin’s or any third party’s intellectual property rights;
is fraudulent, illegal or unlawful; or
causes impairment of the availability or accessibility of the Platforms.
You must not use, or cause this Platform to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:
keystroke loggers; or
any other malicious computer software.
INDEMNITY AND LIABILITY
You agree to indemnify Lucky Puffin, on demand, against any claim, action, damage, Loss, liability, cost, charge, expense or payment which Lucky Puffin may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of these Terms.
You acknowledge and agree that some of the site content may be provided by way of blogs or comments made by you or other users of the Platform or Website, and that Lucky Puffin does not accept any liability for the accuracy of such information or your reliance on the same. The site content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).
Exclusion of Damages and Limitation of Liability
Lucky Puffin does not charge fees for you to access and use the Site and Content pursuant to these T&Cs. The Site does not conduct commercial transactions; the Content is comprised of general information and describes some of the basic elements of the Lucky Puffin’s service. As consideration for your free access and use of the Site and Content pursuant to these T&Cs, you further agree that LUCKY PUFFIN WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE) ARISING OUT OF OR RELATING TO THIS T&Cs, INCLUDING WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, PLATFORM, MATCHING SERVICES, CONTENT, PROPRIETARY INFORMATION, OR ANY INTERRUPTION OR DISRUPTION OF SUCH USE, EVEN IF LUCKY PUFFIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE).
Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, LUCKY PUFFIN’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
By using this Platform, you agree and accept that the indemnity and limitations of liability provided in this clause 16 of these Terms are reasonable.
WARRANTIES AND REPRESENTATIONS
The use of this Platform is at your own risk. The Site Content and everything from the Platform is provided to you on an “as is” and “as available” basis without warranty or condition of any kind.
None of Lucky Puffin’s affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Site Content or Platform.
A notice or other communication must be in writing in English and may be served to Lucky Puffin personally by post or email to Lucky Puffin at:
Name: JobLamp Pvt. Ltd.
Registered Address: 141 College View, Ballymun Road, Dublin, Ireland, D11 W967
You hereby declare that any confidential information related to anyone that is acquired during the course of the use of this Website, shall be kept to yourself and shall not be made public in any manner. You shall not make public any conversation, pictures, and videos of any one that were disclosed to you without the written consent of the person. Any claim arising out the dispute regarding the confidential information shall be the responsibility of yours and the Website and Lucky Puffin shall be placed unharmed and no action can be taken against Website, Lucky Puffin and its representatives.
In case you have any kind of query or question regarding the Terms you may contact us at [email protected]